Baker v. State

Although I agree with the result reached by the majority, I write separately to clarify the facts and to explain what I believe to be the appropriate analysis for the ineffective assistance claim.

The record shows that Baker was alleged to have taken advantage of a young woman while she was incapacitated. Apparently, Baker admitted to viewing the victim’s breasts and genitals while the victim was unconscious. Police also suspected Baker of rape, and a rape kit test was performed on the victim. Before the DNA results were obtained, Baker was charged, by accusation, with two misdemeanor counts…